By Sarah Horne
St. Paul Pioneer Press
FOREST LAKE, Minn. — A former Forest Lake firefighter accused of arson was sentenced to 120 days in jail Thursday for starting a fire that burned more than 1,500 acres in a nature preserve north of the Twin Cities nearly two years ago.
In addition to jail time, John David Berken, a decorated volunteer firefighter in Forest Lake from 2005 to 2009, was sentenced in Anoka County District Court to three years of probation and ordered to pay nearly $76,000 in restitution, according to Wade Kish, assistant Anoka County attorney.
The fire occurred April 9, 2009, in and around the Carlos Avery Wildlife Management Area in Columbus.
Nearly 200 firefighters, including Berken, were on hand to battle the blaze. Berken was arrested while on duty after a witness said he spotted him throwing fireworks from his car into the area, sparking the blaze, officials have said. The witness followed Berken and gave authorities his license plate number, which led to his arrest.
Berken, 42, entered an Alford plea in the case Jan. 18. The plea allows a defendant to maintain his innocence while conceding there is enough evidence to convict him.
The sentence was consistent with the plea agreement, said Marsh Halberg, Berken’s attorney.
Factoring in time off for good behavior and the time Berken already has served, Halberg said, his client will spend only an additional 76 days in jail with work release.
“It’s a mixed feeling in that we thought it was a very favorable result ... but on the flip side, this was an Alford plea. ... To his dying day, my client will deny he ever did this,” Halberg said about the sentencing.
Kish said the county was pleased with the outcome.
“Now he is a convicted arsonist. I don’t suspect he’ll be working as a firefighter anytime soon, if ever,” Kish said. “And he’ll be in jail for this spring’s fire season.”
Berken was to report to the Anoka County Jail on Monday.